Expert: Richard Hixenbaugh - 2/11/2010

Question
I was in a accident in Portland, OR where I was stopped wanting to turn right, the other car was coming down the road. I saw him activate his right turn signal and he also was in the process of slowing the car to turn right and at the last moment decided to remain going straight. I turned out when he was within 50 ft (still thinking he had full intention of turning) and still decelerating and pulled out and was hit when he made the last second action to remain going straight.  Who is liable or could it 50% liable, and what do you recommend saying or not saying to the adjuster of the other persons insurance (safeco insurance) for damage control on my part. This is really the first accident that i have ever been involved with.

Thanks
Brian

Answer
Hi Brian,

If you were waiting to turn right out of a parking lot onto a road and the other car was already on the road, this would be considered to be 100% your fault because the other car has the right of way. If it happppened any other way you may be able to argue for a percentage of liability. However, I would need to hear both sides of the story and perhaps see a scene diagram to offer anything better than that.

I hope this helps
Richard Hixenbaugh